When we speak of community property, we are referring to the property that has been acquired by the spouses during their marriage. In this sense, the ownership of these assets is in equal parts, reducing the importance of who has contributed it.
We must emphasize that, since the marriage exists legally and it has been formalized, all goods That they are acquired, regardless of who does it and for what, will be a matter of profit. However, free title assets belonging to the person who donated them are discarded.
Important attention must be paid to this type of property since, in the event of a divorce, the property will be shared equally between both spouses. However, as we have indicated previously, private property is excluded from this distribution, which belongs to the spouses personally and which are, in general, donations, inheritances and the like, belonging to each member of the marriage.
Examples of community property
We are going to propose a basic example of a marriage between Antonio and Laura. Before marriage, your estate was:
- Laura had a house (€ 200) and a car (€ 000)
- Antonio had a pension plan (€ 50) and a checking account with € 000
During the marriage:
- They bought a place with a value of € 200
- They have two cars in common for € 15 each
- Inheritance of Antonio of € 15
- Savings: € 50
If, let's imagine, there is a divorce between the two, the amount to be taken by each will be:
Laura:
- Your private property (€ 215)
- Half of the amount generated during the marriage: a total of € 140 (from € 000)
Antonio:
- Your private property (€ 75)
- Half of the amount generated during the marriage: a total of € 140 (from € 000)
- Inheritance of Antonio of € 15